National Health Act 1953 - Amendment determination under section 85B - price determinations and special patient contributions (No. PB 33 of 2008)

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Legislation au F2008L00698 Not in force Legislative Instrument

Legislation content

Amendment — price determinations and special patient contributions
(PB 33 of 2008)

as amended

made under section 85B of the

National Health Act 1953

This compilation was prepared on 1 April 2008
taking into account amendments up to PB 40 of 2008

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Amendment — price determinations and special patient contributions

(PB 33 of 2008)

1  Commencement 

  This instrument commences on 1 April 2008.

2 Amendment of PB 91 of 2007

  Schedule 1 amends PB 91 of 2007.

Schedule 1 Amendments

[1] Schedule 1, item dealing with Alendronic Acid

(b) omit from the column headed “Claimed Price”:

 

37.77

and substitute:

38.57

[2] Schedule 1, item dealing with Brinzolamide

(a) omit from the column headed “Determined Price”:

 

12.93

and substitute:

13.56

(b) omit from the column headed “Claimed Price”:

 

13.82

and substitute:

14.47

[3] Schedule 1, item dealing with Ciprofloxacin in the form Eye drops 3 mg (as hydrochloride) per mL, 5 mL

(a) omit from the column headed “Determined Price”:

 

11.18

and substitute:

11.54

(b) omit from the column headed “Claimed Price”:

 

12.26

and substitute:

12.61

[4] Schedule 1, item dealing with Diphenoxylate with Atropine

(a) omit from the column headed “Determined Price”:

 

1.71

and substitute:

1.95

(b) omit from the column headed “Claimed Price”:

 

3.33

and substitute:

3.57

[5] Schedule 1, item dealing with Flucloxacillin

omit from the columns in the order indicated:

 

 

Powder for oral suspension 250 mg (as magnesium) per 5 mL, 100 mL

Oral

Floxapen

1

8.53

8.61

 

[6] Schedule 1, item dealing with Gemfibrozil

(a) omit from the column headed “Determined Price”:

 

30.83

and substitute:

26.98

(b) omit from the column headed “Claimed Price”:

 

33.90

and substitute:

29.66

[7] Schedule 1, item dealing with Loperamide

(a) omit from the column headed “Determined Price”:

 

1.71

and substitute:

1.93

(b) omit from the column headed “Claimed Price”:

 

2.53

and substitute:

2.75

[8] Schedule 1, items dealing with Nizatidine in the forms Capsule 150 mg and Capsule 300 mg

(a) omit from the column headed “Determined Price”:

 

16.33

and substitute:

14.65

[9] Schedule 1, omit item dealing with Pemetrexed

[10] Schedule 1, item dealing with Potassium Chloride

(a) omit from the column headed “Determined Price”:

 

2.77

and substitute:

3.05

(b) omit from the column headed “Claimed Price”:

 

4.03

and substitute:

4.30

[11] Schedule 1, item dealing with Potassium Chloride with Potassium Bicarbonate

(a) omit from the column headed “Determined Price”:

 

5.53

and substitute:

5.90

(b) omit from the column headed “Claimed Price”:

 

7.84

and substitute:

8.21

[12] Schedule 1, item dealing with Prednisolone in the form Tablet 1 mg

(a) omit from the column headed “Determined Price”:

 

2.24

and substitute:

2.33

(b) omit from the column headed “Claimed Price”:

 

2.78

and substitute:

2.87

[13] Schedule 1, item dealing with Prednisolone in the form Oral solution 5 mg (as sodium phosphate) per mL, 30 mL

(a) omit from the column headed “Determined Price”:

 

7.33

and substitute:

7.58

(b) omit from the column headed “Claimed Price”:

 

8.95

and substitute:

9.20

[14] Schedule 1, item dealing with Prednisone

(a) omit from the column headed “Determined Price”:

 

2.24

and substitute:

2.29

(b) omit from the column headed “Claimed Price”:

 

2.78

and substitute:

2.87

[15] Schedule 1, item dealing with Quinine

(a) omit from the column headed “Determined Price”:

 

5.02

and substitute:

5.35

(b) omit from the column headed “Claimed Price”:

 

6.95

and substitute:

7.28

[16] Schedule 1, item dealing with Salbutamol in the form Nebuliser solution 2.5 mg (as sulfate) in 2.5 mL single dose units, 30

(a) omit from the column headed “Determined Price”:

 

8.29

and substitute:

7.25

(b) omit from the column headed “Claimed Price”:

 

9.26

and substitute:

8.10

[17] Schedule 1, item dealing with Salbutamol in the form Nebuliser solution 5 mg (as sulfate) in 2.5 mL single dose units, 30

(a) omit from the column headed “Determined Price”:

 

8.76

and substitute:

7.67

(b) omit from the column headed “Claimed Price”:

 

9.73

and substitute:

8.51

[18] Schedule 1, item dealing with Simvastatin in the form Tablet 5 mg

omit from the column headed “Claimed Price”:

 

16.29

and substitute:

16.86

[19] Schedule 1, item dealing with Simvastatin in the form Tablet 10 mg (Lipex 10 and Zocor)

omit from the column headed “Claimed Price”:

 

22.27

and substitute:

22.84

 

[20] Schedule 1, item dealing with Simvastatin in the form Tablet 20 mg (Lipex 20 and Zocor)

omit from the column headed “Claimed Price”:

 

31.73

and substitute:

32.30

[21] Schedule 1, item dealing with Simvastatin in the form Tablet 40 mg (Lipex 40 and Zocor)

omit from the column headed “Claimed Price”:

 

45.37

and substitute:

45.95

[22] Schedule 1, item dealing with Simvastatin in the form Tablet 80 mg (Lipex 80 and Zocor)

omit from the column headed “Claimed Price”:

 

64.94

and substitute:

65.51

[23] Schedule 1, item dealing with Thyroxine in the form Tablet containing 50 micrograms anhydrous thyroxine sodium

(a) omit from the column headed “Determined Price”:

 

13.52

and substitute:

15.98

(b) omit from the column headed “Claimed Price”:

 

14.67

and substitute:

17.13

[24] Schedule 1, item dealing with Thyroxine in the form Tablet containing 100 micrograms anhydrous thyroxine sodium

(a) omit from the column headed “Determined Price”:

 

14.47

and substitute:

16.55

(b) omit from the column headed “Claimed Price”:

 

15.63

and substitute:

17.71

[25] Schedule 1, item dealing with Thyroxine in the form Tablet containing 200 micrograms anhydrous thyroxine sodium

(a) omit from the column headed “Determined Price”:

 

19.21

and substitute:

19.41

(b) omit from the column headed “Claimed Price”:

 

20.35

and substitute:

20.55

[26] Schedule 1, item dealing with Timolol in the form Eye drops 2.5 mg (as maleate) per mL, 5 mL

omit from the column headed “Claimed Price”:

 

7.19

and substitute:

7.60

[27] Schedule 1, item dealing with Timolol in the form Eye drops 5 mg (as maleate) per mL, 5 mL

omit from the column headed “Claimed Price”:

 

8.19

and substitute:

8.55

[28] Schedule 1, item dealing with Tramadol in the form Capsule containing tramadol hydrochloride 50 mg

omit from the column headed “Claimed Price”:

 

4.49

and substitute:

5.99

[29] Schedule 1, item dealing with Tramadol in the form Tablet containing tramadol hydrochloride 100 mg (sustained release)

omit from the column headed “Claimed Price”:

 

10.39

and substitute:

13.85

[30] Schedule 1, item dealing with Tramadol in the form Tablet containing tramadol hydrochloride 150 mg (sustained release)

omit from the column headed “Claimed Price”:

 

13.39

and substitute:

17.85

[31] Schedule 1, item dealing with Tramadol in the form Tablet containing tramadol hydrochloride 200 mg (sustained release)

omit from the column headed “Claimed Price”:

 

15.91

and substitute:

21.21

[32] Schedule 1, item dealing with Triamcinolone with Neomycin, Gramicidin and Nystatin in the form Ear drops containing triamcinolone acetonide 1 mg with neomycin 2.5 mg (as sulfate), gramicidin 250 micrograms and nystatin 100,000 units per g, 7.5 mL

(a) omit from the column headed “Determined Price”:

 

2.08

and substitute:

4.40

(b) omit from the column headed “Claimed Price”:

 

3.04

and substitute:

5.35

[33] Schedule 2, omit item dealing with Pemetrexed

 

Notes to the Amendment — price determinations and special patient contributions (PB 33 of 2008)

Note 1

The Amendment — price determinations and special patient contributions (PB 33 of 2008) (in force under section 85B of the National Health Act 1953) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of FRLI Registration

Date of
commencement

Application, saving or
transitional provisions

PB 33 of 2008

11 Mar 2008 (see F2008L00698)

1 Apr 2008

 

PB 40 of 2008

26 Mar 2008 (see F208L00958)

(a)

(a) Section 1 of PB 40 of 2008 provides as follows:

 1. Commencement

  This instrument commences at 8 pm on 31 March 2008.

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Schedule 1

 

Schedule 1............

am. PB 40 of 2008

 

Overview

The Amendment — price determinations and special patient contributions (PB 33 of 2008) was enacted as a legislative instrument under section 85B of the National Health Act 1953, aiming to address issues related to the pricing and special patient contributions for certain pharmaceuticals listed on the Pharmaceutical Benefits Scheme (PBS). This legislative instrument was prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, and came into effect on 1 April 2008. The primary objective of this amendment was to adjust the prices of specific medications, ensuring that they align with the claimed prices by pharmaceutical manufacturers. This was achieved through the amendment of the Price Determinations (PB 91 of 2007), which was subsequently updated to reflect the new prices. The instrument was subsequently amended by PB 40 of 2008, which also came into effect on 31 March 2008, further refining the price determinations and special patient contributions as required under the National Health Act 1953.

Scope and Application

The Amendment — price determinations and special patient contributions (PB 33 of 2008) applies to the pricing and special patient contributions for certain pharmaceutical products listed under the National Health Act 1953. This legislation specifically targets the pricing of pharmaceuticals listed on the Pharmaceutical Benefits Scheme (PBS) by setting the determined prices for various drugs and amending the claimed prices as stipulated in the schedules. The instrument applies to the Commonwealth of Australia, thereby affecting entities and individuals involved in the manufacture, supply, and prescription of the specified medications within the Australian jurisdiction. The amendments to the prices are reflected in the schedules and are effective as of the dates specified, with further amendments noted in PB 40 of 2008. The Act does not explicitly state any exclusions or exemptions, suggesting that the amendments apply broadly to all entities and individuals involved in the specified pharmaceutical transactions.

Key Provisions

The Amendment – Price Determinations and Special Patient Contributions (PB 33 of 2008) amends the Pharmaceutical Benefits Price Determinations (PB 91 of 2007) to adjust the determined and claimed prices of various pharmaceuticals listed on the Pharmaceutical Benefits Scheme (PBS). This amendment specifically modifies the prices of medications such as Alendronic Acid, Brinzolamide, Ciprofloxacin, and others as detailed in the Schedule 1 of the legislation (Schedule 1). For instance, the determined price of Alendronic Acid is updated from 37.77 to 38.57, and the claimed price of Brinzolamide is changed from 13.82 to 14.47 (Schedule 1[1], [2]). The Act imposes obligations on pharmaceutical companies and entities involved in the supply of medications listed on the PBS. These obligations include adhering to the updated price determinations for listed medications, ensuring that the new prices are reflected in all claims and billings, and providing the updated price information to relevant authorities. Pharmaceutical companies must update their pricing structures and ensure compliance with the new determined and claimed prices as stipulated in the legislation (Schedule 1). Breach of the provisions outlined in this amendment may lead to civil or administrative penalties. Although the specific penalties are not detailed within the text provided, typically, non-compliance with PBS pricing regulations can result in financial penalties, corrective actions, or other enforcement measures as prescribed by the relevant health authorities. The severity of penalties may vary based on the nature and extent of the breach, and could potentially include fines or other administrative sanctions to ensure compliance with the PBS pricing framework.

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